Voluntarily causing grievous hurt
AI Assist
Summary
A person is guilty of voluntarily causing grievous hurt only when he actually causes grievous hurt and he either intends to cause it or knows it is likely to happen. Both the harmful result (grievous hurt) and the mental element (intention or knowledge of likelihood) must be present. If he foresaw one kind of grievous hurt but caused another kind, it still counts.
Example
Rohan intends to permanently disfigure Aditya's face and strikes him. The blow does not disfigure Aditya but causes severe bodily pain for twenty days. Under this rule, Rohan has voluntarily caused grievous hurt.
Bare Act
Enacted textWhoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt”.
Explanations
(1) A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.
Illustrations
(1) A, intending of knowing himself to be likely permanently to disfigure Z’ face, gives Z a blow which does not permanently disfigure Z’ face, but which causes Z to suffer severe bodily pain for the space of twenty days. A has voluntarily caused grievous hurt.
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